19. Citizen complaint excessive noise Yogurtland~'._ s
cirv of
CUPEI~TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
Summary
Agenda Item No. ~~
Agenda Date: February 3, 2009
SUMMARY:
A citizen complaint regarding excessive noise from a roof mounted mechanical
equipment located at the Marketplace Shopping Center (Yougurtland), 19770 Stevens
Creek Blvd.
BACKGROUND:
On January 12, 2009, a complaint was received by the City Council from Virginia
Tamblyn (residing at 19721 Bixby Drive) regarding excessive noise generated from a
roof-top refrigeration unit at Marketplace Shopping Center. The City Council directed
staff to provide a summary of enforcement actions and take additional noise
measurements of the subject property.
DISSCUSSION:
Please refer to the attached code enforcement report dated January 16, 2009 for the
summary of the code enforcement actions and the results of the noise investigation.
ENCLOSURE:
Code Enforcement staff report, Marketplace Shopping Center, January 26, 2009
Reviewed by:
y
ao Steve Piasecki
City Planner Director, Community Development
Approved by:
~ Q _
David W. Knapp
City Manager
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CODE ENFORCEMENT OFFICE
~ may. J/~['~ ~ CITY HALL
~~ /~~~~\\Jl~ '10300 TORRE AVENUE CUPERTINO, CA 95014-3255
T(:; I. FPHONE: (408) 777-3182 -FAX (408) 777-3174
C O P E RT I N O code(a7cupertino-orq
Excessive Noise Investigation Report
Subject
Excessive Noise Froin Roof Mounted Mechanical Equipment- Marketplace Shopping Center
(Yogurtland), 19770 Stevens Creek Blvd.
Background
In April 2008, a complaint was received by the Code Enforcement Division regarding
excessive noise emanating from a fixed source on the commercially zoned parcel located at
19770 Stevens Creek Blvd. (Marketplace Shopping Center). The source of the noise was
reported to be a roof mounted refrigeration unit located above Yogurtland, anew tenant that
began leasing this space in April 2008. The previous tenant was Superstars, a retail sports
trading card business. To facilitate the needs of Yogurtland, the refrigeration unit was installed
on the roof above the business. Building permits were issued for the installation and final
Building Department approval was granted on April 10, 2008.
Excessive noise is regulated by Chapter 10.48 of the Cupertino Municipal Code (CMC)
entitled "Community Noise Control" and establishes the following noise level st~lndards:
Maximum Noise Level
Land Use on Receivinu I'ronerty
Daytime Nighttime
Residential 50 dBA 60 dBA
Non-Residential 55 dBA 65 dBA
For the purposes of establishing daytime and nighttime hours, the following is defined by the
municipal code:
Daytime weekdays, 7:00 am to 8:00 pm
Daytime weekends, 9:00 am to 6:00 pm
Since the noise source is located on non-residentially zoned land, the non-residential standards
apply and therefore, the noise produced by the refrigeration unit must be less than 55 dBA to
conform to the standards of the municipal code.
is -z
Marketplace (Yogurtland) Noise Report
Page 2
Summar
On April 28, 2008, Code Enforcement staff met with a resident, Virginia Tamblyn (19721
Bixby Drive) who lives directly behind Yogurtland, regarding her concerns that the recently
installed refrigeration unit is excessively loud and may be a violation of the noise ordinance.
Code Enforcement staff conducted sound level measurements from various points along the
property line of the Tamblyn property as the refrigeration unit was in operation. Those
readings ranged between 50 dBA and 51 dBA and were found to be in compliance with both
daytime and nighttime standards of the municipal code.
Code Enforcement staff then met with KC'R property manager, Dean Zhang and Yogurtland
owner, June Jang to convey the concerns of Ms. Tamblyn and request further evaluation to
identify mitigation measures. KCR subsequently added bushings to the footing to reduce
vibration noise and constntctcd a sound dampening wall on the side of the refrigeration unit
facing the residential street (Bixby Drive) where Ms. 'Tamblyn lives. Code Enforcement
received no further requests for intervention or assistance and the case was closed as the
violation was unfounded.
On Wednesday, January 21 , 2009, Code Enforcement staff was advised Ms. Tamblyn had
again contacted the Planning Division concerned that the refrigeration noise was excessive and
unreasonable. Code Enforcement staff subsequently conducted additional sound level
measurements on two separate days to determine if current sound level output was a violation
of the nighttime noise standard. Since Ms. Tamblyn finds the noise to be particularly
bothersome in the early morning hours when ambient traffic and other noise from shopping
center activities is typically at a minimum, sound level measurements on both days were taken
between 7:00 am and 8:00 am. At this time of day Yogurtland is closed and the refrigeration
unit is in a similar state to what would be expected between 2:00 am and 4:00 am when Ms.
Tamblyn finds the noise to disturb her sleep.
The first set of measurements were obtained on January 22, 2009, and taken from the shopping
center property along the property line of the three residential properties nearest to the noise
source. The results of those readings were between an average of 44.0 dBA and 48.1 dBA,
clearly within what is permitted under the current code (refer attachment I). It should be noted
that of the three properties surveyed, the highest sound level measurements were from the
property line of the Tamblyn residence.
The second set of measurements was obtained on January 26, 2009 and taken from the
backyard of the Tamblyn residence at the property line adjoining the Marketplace nearest to
the noise source. Ms. Tamblyn advised the refrigeration unit periodically cycles changing the
volume somewhat. Sound level measurements in this data set reflect the noise level at a time
described by Ms. Tamblyn to be the loudest. The results of those readings were between an
average of 49.8 dBA and 52.2 dBA, again within the parameters of the code. It should be
noted the highest readings were obtained approximately l2" outside of Ms. Tamblyn's
bedroom window. Of all the sound measurements obtained on this date, this location was the
highest measured of any point on the property.
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'vlarkc[place (Yogurtland) Noisc Report
Page 3
Conclusion
Code Enforcement staff has taken three separate sound level measurements on three separate
dates within 10 months. External weather, time of day, location, and general environmental
activity (ambient noise) were all similar during each set of measurements. Considering the
standards set forth in Chapter 10.48 of the municipal code, no violation exists. When
reviewing the data, the highest average dBA measured at the loudest point on the Tamblyn
property is 2.8 dBA below what is allowed pursuant to the code.
Codc E.nforccmcnt staff has also worked with the property owner, KCR Development to
mediate the concerns of Ms. Tamblyn. The property owner has installed sound dampening
bushings in the footing of the unit and constructed a sound wall on the south side of the
equipment to shield and disperse the sound in other directions, away from the residential area
of Bixby Drive.
Under the current noise ordinance, sound level is measured by a fixed number, in this case, 55
dBA during nighttime hours. Ms. Tamblyn understands the minimum threshold that must be
exceeded to constitute a violation and thereby trigger further directive by the City to the
property owner to comply. Ms. Tamblyn advised the current ordinance does not solve her
situation and expressed an interest in recommending to the City Council an ordinance that
would regulate otherwise compliant sound levels by considering the length of time the constant
noise must be endured by affected parties.
At this time, Code Enforcement has closed the investigation and determined the violation to be
unfounded.
Submitted by,
~~ ~~~
' ~! .
Alex Wykoff ~ '
Code Enforcement Officer
Report Date: January 26, 2009
Attachments:
Attachment I- Sound Level Measurement Data
Aerial Photo A- January 22, 2009
Aerial Photo B- January 26, 2009
Photos (1-5) Miscellaneous Photos of Refrigeration Unit and the Tamblyn residence
viewed from the Yogurtland roof
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Marketplace (Vogurtland) Noise Report
Page 4
Attachment I
Sound Level Measurement Data
Standards and Back>;round
"1'he sound level readings were taken using a Quest Technologies, Model 2500 impulse and
integrating sound level meter. The meter was calibrated at 114 dBA prior to beginning the
sound level measurements and re-calibrated at 114 dBA at the conclusion of each set of
measurements.
The refrigeration unit is on the roof of the shopping center approximately 35 feet above the
ground. A service alley and landscaped area with mature redwood trees separates the rear of
the shopping center and the residential homes" 'There is a six foot concrete sound wall (fence
line) separating the shopping center from Ms. Tamblyn's residence. Measurements were taken
on two different days: Thursday, January 22 and Monday, January 26, 2009.
7hursduy, Juz7zzuz•y 22. 2009:
Measurements were taken from the rear alley behind Yogurtland at the rear fence line of the
Tamblyn residence (property line). Additional measurements were taken at the rear fence line
on each residence next to Ms. Tamblyn (see aerial photo attachment A). Retrigeration unit was
in normal operation mode.
Point A: North-easternmost end of 19721 Bixby (Tamblyn) at property line, 6'6" above grade.
Time dBA
7:35 am 48.5
7:36 am 47.9
7:37 ain 47.9
Average -- 48.1
Point B: Midpoint of 19721 Bixby ("I-amblyn) at property line, 6'6" above grade.
Time dBA
7:40 am 47.0
7:41 am 47.1
7:42 am 47.1
Average- 47.0
Point C: North-westernmost end of 19721 Bixby (Tamblyn) at property line, 6'6" above
grade.
Time dBA
7:46 am 45.9
7:47 am 45.7
7:48 am 46.0
Average-- 45.9
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MarActpiaw (Yogurtland) Nuise Repurt
Page 5
Point D: Midpoint of rear property line- 1 971 1 Bixby Drive
Time dBA
8:04 am 46.3
8:05 am 46.7
8:06 am 45.7
Average--- 46.2
Point E: Midpoint of rear property line- 19731 Bixby Drive
Time dBA
8 : ] O am 44.2
8:1 1 am 43.9
8:12 am 44.0
Average--- 44.0
Moraduy. Junzruzy 26. 2009:
Measurements were taken from four separate points within the rear yard of the Tamblyn
residence Three points (A, B, C) were at the rear fence line where it abuts the Marketplace
shopping center. Point D is outside of the master bedroom where Ms. Tamblyn described the
sound level to be the highest (see aerial photo attachment B).
Point A: North-easternmost end of 19721 Bixby (Tamblyn) at property line, 6'6" above grade.
'l'ime dBA
7:48 am 50.8
7:49 am 50.3
8:03 am 51.1
Average --- 50.7
Point B: Midpoint of 19721 Bixby (Tamblyn) at property line, 6'6" above grade.
Time dBA
7:50 am 499
7:51 am 49.8
7:52 am 49.9
Average- 49.9
Point C: North-westernmost end of 19721 Bixby (Tamblyn) at property line, 6'6" above
grade.
Time dBA
8:00 am 49.6
8:01 am 50.1
8:02 am 49.8
Average-- 49.A
is -s
1~9arketplace (Yogurtland) Noise Report
Page 6
Yoint U: Outside of master bedroom, 12" from window pane, 6'6" above grade.
Time dBA
7:39 am 52.3
7:40 am 51.9
7:41 am 52.3
Average- 52.2
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